On May 1, 2024, Colorado enacted the “Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act” (the “PPCCA“) to establish a regulatory scheme that prohibits the sale or distribution of certain products that contain intentionally added perfluoroalkyl and polyfluoroalkyl chemicals (PFAS).
The full bill – SB 081 can be found here https://legiscan.com/CO/text/SB081/2024
As of January 1, 2024, the PPCCPA, restricts the sale and distribution of each of the following products in Colorado if the products contain intentionally added PFAS chemicals:
- Carpets or rugs;
- Fabric treatments;
- Food packaging;
- Juvenile products; and
- Oil and gas products.
In addition, after January 1, 2024, a manufacturer of cookware sold in Colorado that contains intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages is required to:
- List the presence of PFAS chemicals on the product label of the cookware; and
- Include a statement on the product label of the cookware that directs the consumer to a website with information about why PFAS chemicals were intentionally added to the product.
Further, per the PPCCA, after January 1, 2024, a manufacturer of cookware is prohibited from making a statement that the cookware is free of PFAS chemicals unless no individual PFAS chemical is intentionally added to the cookware.
On and after January 1, 2025, the sale or distribution in Colorado of any products in the following product categories is prohibited if the products contain intentionally added PFAS chemicals:
- Cosmetics;
- Indoor textile furnishings; and
- Indoor upholstered furniture.
On and after January 1, 2027, the sale or distribution in Colorado of any of the products in the following product categories is prohibited if the products contain intentionally added PFAS chemicals:
- Outdoor textile furnishings; and
- Outdoor upholstered furniture.
Moreover, manufacturers and distributors should also be aware that the PCCAA includes products that do not contain intentionally added PFAS chemicals in the definition of “environmentally preferable products” for the purposes of state agency procurement.
The PPCCA also:
- Requires a person that uses class B firefighting foam that contains intentionally added PFAS chemicals (firefighting foam) to prohibit a release of the firefighting foam into the environment, fully contain the firefighting foam during its use, safely store the firefighting foam, and report certain information to the water quality spills hotline within 24 hours if there is a release of the firefighting foam into the environment;
- Requires a person that uses firefighting foam to report its use to the water quality spills hotline within 24 hours after the use;
- Authorizes the attorney general to enforce laws regulating firefighting foams that contain PFAS chemicals; and
- Extends to January 1, 2024, the effective date of an existing restriction on the use of firefighting foam that contains intentionally added PFAS chemicals at certain airports.
Duane Morris has an active PFAS team to help organizations and individuals plan, respond to and execute on PFAS issues and initiatives in order to manage risk, ensure compliance and minimize litigation risk. We are available to discuss your concerns and objectives and how new rules, regulations and rulings might apply to you.
For More Information:
If you have any questions about this post, please contact Lindsay Ann Brown, Lori A. Mills, Brad A. Molotsky, any of the attorneys in our PFAS Group or the attorney in the firm with whom you are regularly in contact.